Burnett County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Order

If a motion to consolidate is granted, the order must offer signature lines for all judges in the cases being considered.

If the motion is granted, the cases shall be assigned to the judge with the earliest filed case and the order shall offer signature lines for all judges in all cases being considered.

CRITICAL

Applies to

Trust inventory

The trust inventory must be filed before the estate is closed.

The trust inventory shall be filed before the estate will be closed.

CRITICAL

Applies to

Vital statistics form

After the name change is granted, a petitioner born in Wisconsin must complete a new vital statistics form and pay a recording fee.

After the judge has granted the name change, the petitioner, if born in Wisconsin, must complete a new vital statistics form and pay a recording fee.

CRITICAL

Applies to

JD-1716

A signed JD-1716 must be filed in the court file; if it is unsigned, the clerk or intake worker must file a copy noting who received notice and when.

If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile court clerk or intake workershall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Trust termination

If the beneficiary requests it, all prior-year annual accountings and the final account must be on file with the court when the trust terminates.

At the time of the termination of the trust, all annual accountings for prior years and the final account must be on file with the court if requested by the beneficiary.

CRITICAL

Applies to

Record of decision

The respondent department, committee, or board must transmit the record of decision to the clerk of court.

the respondent department, committee or board shall cause the record of decision to be transmitted to the clerk of court.

CRITICAL

Applies to

Proposed findings conclusions

In mortgage foreclosure actions, the plaintiff must include the specific property description in the proposed findings of fact and conclusions of law accompanying its default-judgment motion.

In mortgage foreclosure actions, a hearing is generally required and the plaintiff shall include with its motion for default judgment the specific property description in the proposed findings of fact, conclusions of law

CRITICAL

Applies to

Order for payment

An order for payment drafted by the GAL must state that the court will sign it as submitted unless an objection is received within five days.

When drafting an order for payment, the GAL shall copy all counsel and parties and indicate that, unless any objection is received within five (5) days, the court shall sign the order for payment as submitted by the GAL.

CRITICAL

Applies to

Certified name change order

A petitioner not born in Wisconsin must obtain an additional certified order copy for the state of birth; two certified copies are needed, and one must be recorded with the Burnett County Register of Deeds.

If the petitioner was not born in Wisconsin, he or she must ask the clerk for an additional certified copy of the order for change of name to send to the appropriate state of birth. Two certified copies of the order will be needed. One copy shall be recorded with the Burnett County Register of Deeds.

CRITICAL

Applies to

Name change petition

The name-change petition must be completed by the petitioner or, for a child under 14, the parents; both parents must agree unless a parent's rights have been terminated.

A petition for name change must be filled out by the petitioner or the parents if the petitioner is a child who is under the age of fourteen (14). Both parents must agree to the petition unless a parent’s rights have been terminated.

CRITICAL

Applies to

Payment plan information

A defendant whose installment payment plan is approved must provide a current address, telephone number, and Social Security number, which the court will keep confidential in the court file.

If such a payment plan is approved, the defendant shall provide the court with a current address, telephone number, and social security number, which will then be kept confidential in the court file.

CRITICAL

Applies to

Will objection

An objection to a Will must be written and filed with the probate court.

an objection to a Will filed must be in writing and filed with the probate court together with the statutory filing fee.

CRITICAL

Applies to

Guardianship estate discharge

For discharge of a guardian of a minor’s estate, proof that the ward is eighteen, a final account, and a receipt signed by the ward must be filed.

807.07.3 Guardian of the estate for a minor: upon filing proof of the ward reaching the age of eighteen, filing the final account and receipt signed by the ward; the court will issue an order of discharge of the guardian of the estate.

CRITICAL

Applies to

Custody intake referral form

The referral agency must complete the custody intake referral form before notifying intake.

The referral agency shall be required to complete the custody intake referral form before intake is notified.

CRITICAL

Applies to

Claim objection

An objection to a claim must be written and filed with the probate court.

an objection to a claim must be in writing and filed with the probate court.

CRITICAL

Applies to

Facsimile transmission

For a facsimile transmission exceeding 15 pages, the transmitting party or attorney must certify that the assigned judge or court commissioner approved it.

If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.

CRITICAL

Applies to

Payment plan

If an installment payment plan is approved, the defendant must provide the court with a current address, telephone number, and Social Security number.

If such a payment plan is approved, the defendant shall provide the court with a current address, telephone number, and social security number,

CRITICAL

Applies to

Financial disclosure statement

If the court determines on either party’s request that a GAL should be appointed, both parties must file financial disclosure statements within 10 days; failure to file is deemed an admission of ability to pay.

If, upon the request of either party, the court determines that a Guardian Ad Litem (GAL) should be appointed, both parties shall file a financial disclosure statement with the court within ten (10) days. Failure to file the statement shall be deemed an admission of ability to pay.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a report with the court before the hearing.

Guardian ad litem: the Court shall appoint a guardian ad litem for the proposed ward; the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

Applies to

Petition

The Juvenile Court Clerk must not accept a petition under §§ 48.13 or 48.14 unless it has first been referred to juvenile intake for an intake inquiry.

The Juvenile Court Clerk shall not accept for filing any petition under § 48.13 or 48.14, Wisconsin Statutes, presented by the counsel or guardian ad litem for a parent, relative, guardian or child, or directly by such a person acting without an attorney, unless that petition has been first referred to juvenile intake for an intake inquiry under § 48.24, Wisconsin Statutes.

CRITICAL

Applies to

Financial disclosure statement

Both parties must file a financial disclosure statement with the family court commissioner and, if public assistance is involved, with the Burnett County Child Support Agency.

A financial disclosure statement must be filed by both parties with the family court commissioner and with the Burnett County Child Support Agency if public assistance is involved

CRITICAL

Applies to

Summary judgment motion

Summary judgment motions must be accompanied by legal briefs, affidavits, and a notice of briefing schedule.

Motions shall be accompanied by: legal briefs; affidavits; and a notice of briefing schedule.

CRITICAL

Applies to

Document requiring original signature

The original of a document requiring an original signature must be filed with the court even if a fax is sent to show the document is complete.

Documents requiring original signatures may be faxed only for the purpose of showing the court the document is complete; the original must be filed with the court.

CRITICAL

Applies to

Estate closing

A Wisconsin closing certificate for fiduciaries must be filed before an estate closes unless the court approves a waiver petition.

a Wisconsin closing certificate for fiduciaries shall be filed and a federal estate tax closing letter (if the estate met the standard to file a federal estate tax return) shall be filed with the court prior to the closing of any estate, unless the court approves a petition to waive.

CRITICAL

Applies to

Probate document

Probate-related documents must be filed at the Register in Probate office unless filed with the court at the hearing.

Filing of documents: all documents relating to Probate Court subject matter are to be filed at the Register in Probate office unless filed with the court at the time of the hearing.

CRITICAL

Applies to

Pro hac vice petition

A non-resident lawyer who is not licensed in Wisconsin and wishes to appear in a Tenth Judicial Administrative District circuit court action must petition the Circuit Court in writing.

A non-resident lawyer who is not licensed to practice law in the State of Wisconsin and wishes to appear in any action in any Circuit Court within the Tenth Judicial Administrative District must petition the Circuit Court in writing.

CRITICAL

Applies to

Withdrawal motion

An attorney intending to withdraw must first file a written motion, schedule a hearing, and give notice to the court and all opposing parties.

An attorney who intends to withdraw as counsel of record shall first file a written motion and schedule the matter for hearing with notice to the court and all opposing parties.

CRITICAL

Applies to

Notice of motion for default judgment

The notice must state that the defendant may request a hearing in writing within 15 days of the notice, or a default judgment may be entered.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

CRITICAL

Applies to

Commissioner findings

If a restitution contest is heard by the court commissioner, the commissioner must advise the judge of the findings in writing.

If heard by the court commissioner, the commissioner shall advise the judge in writing as to his findings

CRITICAL

Applies to

Written notice

Must include

proposed order

For a deferred prosecution agreement involving a Youth Village placement, intake must give the judge or juvenile court commissioner written notice of the agreement or its extension, together with a proposed compliance order.

Any deferred prosecution agreement that includes placement in a Youth Village as described in § 118.42, intake shall provide written notice of that agreement or extension of that agreement to the circuit judge or juvenile court commissioner along with a proposed order for the court official to sign requiring compliance with that agreement.

CRITICAL

Applies to

JD-1716

At the start of an intake inquiry, the intake worker must advise the child and parents of their rights, obligations, and possible disclosures; the worker may use form JD-1716, and notice is valid whether or not recipients sign it.

At the commencement of the intake inquiry, the juvenile intake worker shall advise the child/juvenile and parents of their rights, obligations and possible disclosures. The juvenile intake worker may do so by providing the child/juvenile and parent(s) who attend with the printed form JD-1716. Notice is considered properly given whether or not the recipients sign the signature block on the form.

CRITICAL

Applies to

Estate closing extension petition

Must include

proposed order

An extension request to close an estate must also include a proposed order.

A proposed order shall also be submitted.

CRITICAL

Applies to

Intake referral

Intake referrals must be submitted in writing on one of the specified Court Referral forms.

All intake referrals under § 48.24(1) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral--Juvenile, Law Enforcement form or the Court Referral-- Juvenile, Non-law enforcement form.

CRITICAL

Applies to

Trust receipt

Trust beneficiaries must file a Trust Receipt for assets received from the trustee.

The trust beneficiary(ies) shall file a Trust Receipt for assets received from the Trustee.

CRITICAL

Applies to

Trial evidence exhibits

The plaintiff must bring three copies of all evidence and exhibits to trial; copies may be made at the plaintiff’s expense, and a second failure to bring them results in dismissal.

If plaintiff does not come with three (3) copies of all evidence/ exhibits at the time of the trial, they will be directed to the clerk of court to get copies made at their expense. If no time remains to hear the case, it will be rescheduled. If the plaintiff appears a second time without three (3) sets of copies of all evidence/exhibits, the case will be dismissed.

CRITICAL

Applies to

Attorney withdrawal or substitution motion

A formal motion for attorney withdrawal or substitution must be filed before further proceedings and approved by the court.

A formal motion must be filed prior to any further proceedings in the particular case and approved by the court.

CRITICAL

Applies to

Guardianship inventory

The guardianship inventory and statutory filing fee must be filed within 60 days after appointment of a guardian of the estate.

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

CRITICAL

Applies to

Petition

Relevant paragraphs in the petition and other papers must be complete and specific; if needed, the clerk must confer with the judge before filing.

The clerk of court shall also ensure that all relevant paragraphs on the petition and other papers are complete and stated with specificity, and if needed, confer with the judge before filing.

CRITICAL

Applies to

Guardianship inventory

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of

The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of

CRITICAL

Applies to

Conservatorship inventory

The conservatorship inventory and statutory filing fee must be filed within 60 days after appointment of a conservator.

The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

CRITICAL

Applies to

Final judgment

A final judgment must provide for payment of GAL fees and costs, including a date certain for paying remaining fees.

No final judgment will be granted by the court without a provision regarding payment of the GAL fees and costs, including date certain for payment of remaining fees.

CRITICAL

Applies to

Trust termination petition

The trustee must petition the court to terminate the trust.

The trustee shall petition the court to terminate the trust.

CRITICAL

Applies to

Counsel reimbursement statement

When the court appoints criminal defense counsel at county expense outside the State Public Defender’s Office, the defendant must sign a reimbursement acknowledgment at appointment.

When the court appoints criminal defense counsel at county expense (not an appointment by the State Public Defender’s Office), at the time the appointment is made the defendant will be required to sign a statement acknowledging that he or she will reimburse the county for all or part of the counsel fees through a wage assignment or other means.

CRITICAL

Applies to

Deferred prosecution agreement and order

The juvenile court clerk must file the court copy of the deferred prosecution agreement and order in a group file.

The juvenile court clerk shall file the court copy of the deferred prosecution agreement and order in a group file.

CRITICAL

Applies to

Physician or psychologist statement

A subject must appear in person at civil commitment hearings unless the court permits telephone appearance with counsel present at the detention facility, there is no objection, and a physician’s or psychologist’s statement about transportation danger is filed for the court’s consideration.

808.03 Subject’s Presence Required: the subject is required to appear in person at all hearings, unless under certain circumstances to be determined by the Court, a subject may appear by telephone with counsel in his/her presence at the detention facility, if there is no objection by the subject or counsel. A statement from a physician or psychologist must be filed for the Court’s consideration that indicates transportation would be a danger to the subject or others.

CRITICAL

Applies to

Telephone appearance request

A request to appear by telephone must be made in writing and state that the requester spoke with the client and the client does not object.

The party requesting to appear by telephone must make the request in writing to the judge or commissioner and must state that they have spoken with their client and that their client does not object to their appearance by telephone.

CRITICAL

Applies to

Sealed material

The exterior of sealed material must bear the specified seal notice and must not refer to its contents as “expunged” materials.

The exterior of the sealed material shall simply state "Sealed: not to be opened except upon express order of the court." No reference shall be made that the contents are "expunged" materials.

CRITICAL

Applies to

Notice of hearing

The petitioner must complete the notice of hearing.

The petitioner must also complete the notice of hearing.

CRITICAL

Applies to

Will not subject to probate

A decedent’s will that will not be subject to probate must be filed with an accompanying affidavit.

Wills of a decedent which will not be subject to probate proceeding shall be filed and shall be accompanied by an affidavit.

CRITICAL

Applies to

Guardian reimbursement or fees petition

Unless the court previously ordered otherwise, a guardian must petition for reimbursement of expenses or guardian fees.

Unless previously ordered by the court, the guardian must petition the court for reimbursement of expenses and/or guardian fees.